HomeMy WebLinkAboutOrd 798 ORDINANCE NO. 798
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY CALIFORNIA AMENDING CHAPTER
1.12 (ELECTIONS) OF THE CATHEDRAL CITY
MUNICIPAL CODE TO CHANGE THE CITY'S ELECTORAL
SYSTEM FROM AT-LARGE TO BY-DISTRICT ELECTIONS
WITH RESPECT TO ELECTING CITY COUNCIL
MEMBERS, ESTABLISHING DISTRICT BOUNDARIES,
AND SCHEDULING ELECTIONS WITHIN THE DISTRICTS
WHEREAS, the City of Cathedral City supports the full participation of all residents
in electing members of the City Council; and
WHEREAS, the City of Cathedral City currently elects its five City Council
Members using an at-large election system; and
WHEREAS, in the at-large election system, candidates may reside in any part of
the City and each City Council Member is elected by the voters of the entire City; and
WHEREAS, in a by-district election system, a candidate for City Council must
reside in the district that he or she wishes to represent, and only the voters of that district
are entitled to vote to decide who their representative will be; and
WHEREAS, under the provisions of California Government Code sections 34870-
34884, a proposal to adopt a by-district method of election must be submitted to the voters
of the City along with the proposed boundaries of the districts; and
WHEREAS, California Government Code section 34886, effective January 1,
2017, permits the City Council of any city to change the city's method of election by
ordinance to a"by-district"system without conducting an election if the ordinance includes
"a declaration that-the change in the method of electing members of the legislative body
is being made in furtherance of the purposes of the California Voting Rights Act of 2001
(Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code);"
and
WHEREAS, Section 601 of the City's Charter, approved by the voters of the City
at the November 2016 general election, provides that the City must convert to a "by
district" election system by the time the population of the City is 65,000 or by the 2022
general municipal election, whichever occurs first, but that the City Council may approve
the formation of a "by district" election system for the City Council, in accordance with the
California Voting Rights Act, prior to. then should the Council determine that the change
best suits the needs of the City; and
WHEREAS, as required by California Government Code section 34886 and
Section 601 of the City's Charter, it is declared the change in the method of electing
members of the City Council of the City of Cathedral City made by this ordinance is in
furtherance of the purposes of the California Voting Rights Act of 2001 and best suits the
needs of the City, and
WHEREAS, under the provisions of California Elections Code section 10010, a
political subdivision that changes from an at-large method of election to a by-district
method of election shall hold at least four public hearings on a proposal to establish the
district boundaries of the political subdivision prior to a public hearing at which the
governing body of the political subdivision votes to approve an ordinance making the
change; and
WHEREAS, the City Council held public hearings on the proposal to establish
district boundaries on April 12, April 26, June 26, July 26, August 9 and August 23, 2017
at which it considered the proposal to establish district boundaries, and also held a public
hearing on September 13, 2017, the public hearing at which the City Council conducted
the first reading of this Ordinance; and
WHEREAS, the purpose of this Ordinance is to enact, pursuant to California
Government Code section 34886, an ordinance providing for the election of the Members
of the City Council of the City of Cathedral City by-district in five single-member districts
as reflected in Exhibit A to this Ordinance.
THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES ORDAIN AS
FOLLOWS:
SECTION 1. Amendment of Cathedral City Municipal Code.
Chapter 1.12 (Elections) of the Cathedral City Municipal Code is amended to add new
Sections 1.12.020, 1.12.030, 1.12.040, and 1.12.050 to read as follows:
"Section 1.12.020. - By-District Electoral System.
A. Pursuant to California Government Code section 34886, members of the City
Council of the City of Cathedral City shall be elected by-districts in five (5) single-member
districts.
B. (1) Beginning with the general municipal election in November 2018, members
of the City Council shall be elected in the electoral districts established by Section
1.12.030 and subsequently reapportioned as provided by State law. Elections shall take
place "by-district" as that term is defined in California Government Code section 34871,
meaning one member of the City Council shall be elected from each district, by the voters
of that district alone. Each member of the City Council shall serve a four-year term until
his or her successor is qualified.
(2) Except as provided in subdivision (3) of this section, the Council Member
elected to represent a district must reside in that district and be a registered voter in that
district, and any candidate for City Council must live in, and be a registered voter in, the
district in which he or she seeks election at the time nomination papers are issued,
pursuant to California Government Code section 34882 and Elections Code section
10227. Termination of residency in a district by a Council Member shall create an
immediate vacancy for that Council district unless a substitute residence within the district
is established within thirty (30) days after the termination of residency.
(3) Notwithstanding any other provision of this section, the members of the City
Council in office at the time the Ordinance codified in this chapter takes effect shall
continue in office until the expiration of the full term to which he was elected and until his
successor is qualified. At the end of the term of each Council Member that Member's
successor shall be elected on a by-district basis in the districts established in Section
1.12.030 and as provided in Section 1.12.040.
Section 1.12.030. - Establishment of City Council Electoral Districts.
A. Subject to Section 1.12.040, members of the City Council shall be elected on a
"by-district" basis from the five Council districts depicted on the map attached as Exhibit
A to the Ordinance codified in this chapter.
B. The Council districts specified in subdivision (A) shall continue in effect until they
are amended or repealed in accordance with law.
Section 1.12.040. - Election Schedule.
Council Members shall be elected in Council Districts 3, 4 and 5 beginning at the general
municipal election in November 2018, and every four years thereafter. Council Members
shall be elected from Council Districts 1 and 2 beginning at the general municipal election
in November 2020, and every four years thereafter.
Section 1.12.050. - Implementation.
If necessary to facilitate the implementation of this chapter, the City Clerk is authorized to
make technical adjustments to the district boundaries that do not substantively affect the
populations in the districts, the eligibility of candidates, or the residence of elected officials
within any district. The City Clerk shall consult with the City Manager and City Attorney
concerning any technical adjustments deemed necessary and shall advise the City
Council of any such adjustments required in the implementation of the districts."
SECTION 2. Effective Date.
This Ordinance shall be effective 30 days from and after its final passage.
SECTION 3. Inconsistencies.
To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict
with the terms or conditions of any prior City ordinance, motion, resolution, rule or
regulation governing the same subject, the terms of this Ordinance shall prevail with
respect to the subject matter thereof.
SECTION 4. Interpretation.
In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be
interpreted in a manner that effectively accomplishes its stated purposes.
SECTION 5. Severability.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, then such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council of the City of Cathedral City hereby
declare they would have adopted this Ordinance, and each section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that
anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
SECTION 6. Publication.
The City clerk is authorized and directed to cause this Ordinance to be published within
fifteen (15) days after its passage in a newspaper of general circulation and circulated
within the City in accordance with Government Code Section 36933(a) or, to cause this
Ordinance to be published in the manner required by law using the alternative summary
and pasting procedure authorized under Government Code Section 39633(c).
SECTION 7. Certification.
The foregoing Ordinance was introduced at the regular meeting of the Cathedral City City
Council on the 13th day of September, 2017, and approved and adopted at a meeting of
the City Council held on the 27th day of September, 2017, by the following vote:
Ayes: Council Members Aguilar, Carnevale and Kaplan; Mayor
Pro Tem Pettis and Mayor Henry
Noes: None
Absent: None
Abstain: None
Stanley E. Henry, Mayor
ATTE
Gary F. Howell, City Clerk
APPROVED AS TO RM:
Eric S. Vail, City Attorney
Cathedral City
I
2017 Districting
I
Purple 2B
_,V
lT
-------------
-A�.
A;= ZS.
L�
Map layers
Purple 2B with Split
Water Area T,
Streets
Indian Reservation
� s t'-.1 I�
+ Landmark Point � �
I I �
Landmark Area ;� I -�,_�, 'r Fni
Pipeline/Power Line
_-
-1 ��
. ` ISI = >..�
Railroad M '
River
3�d_r y
Ill
citylimits
0 .5 1 1.5 Sbe
Miles "` I
77
2
z
r1
S.ZJA11 � �
T
I -
L '
f
National Demographics Corporation,September 5,2017
Cathedral City-Purple 2B map
District 1 2 3 4 5 Total
Ideal Total Pop 10,051 10,301 10,337 10,036 10,475 51,200
10,240 Deviation from ideal -189 Gl 97 -204 235 439
"0 Deviation -1.85"0 0.60o'o 0.95% -1.991-o 2.29"'0 4.29"0
°o Hisp 66"0 Cil°0 44% GG!0 519% 59%
Total Pop NH White 28% 280/ 45% 2340 37% 32%
9/o NI-I Black 2% 2% 29,1" 2% Ono 39'o
,o Asian-American 3% 3% 7% 7% 700 5%
Total 7,420 7,434 7,797 7,181 7,512 37,344
"o Hisp 59"0 58% 379'o 60°0 45". 51%
Voting Age Pop %NH White 35% 36% 52% 29% 43"o 39%
%NI-I Black 2"0 2% 2^0 2°0 4% 20 0
.'o Asian-American 3% 3% 7"0 8°0 7% 540
Total 5,286 4,687 6,927 5,321 7,045 29,265
I-lisp 52% 440/ 2940 55% 45% 44%
Citizen Voting Age 9 o NH White 44% 50"'0 59"0 34"'n 43% 46%
Pop " o 4, o
o NI-I Black 34,n 3!0 5 0 2. 4"o 34'0
%Asian/Pac.Isl. 2% 3% 5% 8% 7% 5%
Total 3,276 2,956 4,878 3,658 4,333 19,101
%Latino est. 41% 43% 32% 57% 40",'o 42o'n
Voter Registration 4oAsian-Surnamed lo'o 1% 1% 1% 2% 1%
(Nov 2014) %Filipino-Sumamed 240 1% 2% 2% 2"-0 2%
%Spanish-Sumamed 379'0 1 39% 29°0 1 52% 36"0 38%
%NH White est. 55% 53°0 61°0 37% 53% 52%
%NI-I Black 20 0 2% 3% 2% 4% 3%
Total 1,469 1,328 2,328 1,394 1,829 8,348
%Latino 2690 25% 22". 45".'0 30% 29%
Voter Turnout %Asian-Sumam0 ed 1" 1% 1% 1% 2'% 110
(Nov 2014) %Filipino-Sumamed 1°o 1% 1°0 2°.0 1% 1%
','o Spanish-Sumamed 23",'n 23% 19% 40'% 274'o 26%
%NH White est. 70% 71% 71% 50% 6340 65%
%NI-I Black 2% 1% 39'n 1 3% 5o'n 3%
Total 2,048 1,881 3,357 2,116 2,929 12,331
%Latino 29% 28% 27% 50°,o 33"0 33%
°/n Asian-Sumamed 14o 1% 1% 1044 1"'0 1%
V(Nov2012)t %Filipino-Sumamed 1% 1% 1% 2% 14'0 1%
(Nov 2012)
4oSpesnish-Sumamed 26""/ 269% 25"/0 45°% 29% 304'0
"o NI-I White est. 66% 65% 67"0 45"0 61"0 61".
%NH Black est. 3% 1 5"'0 3°'n 1 34'0 4"0 3°o
ACS pop.Est. Total 10,124 10,544 10,906 9,816 11,748 53,138
ageo-19 29% 32% 254'o 31% 28% 29%
Age age20-60 52% 47% 51°-o 51".0 56"'0 51%
age60plus 19". 22°0 24% 18% 15"0 20%
mtr grants 35"0 40% 25°•0 37% 29% 33^0
Immigration 0i
naturalized 39%0 24 n, 47 n 0 44%0 540 41,%
Language spoken at english 34% 36% 62% 40% 52"o 45%
b ho
home spanish 63% 60/° 31% 53% 41% 49%
asian-fang 1°'0 3% 54'0 4% 49/o 3°!°
other lang 290 1 2% 2°,'n 2% 3".0 2%
Language Fluency Speaks Eng."Less 31% 30% 140 26"o 170 23"'0
than Very Well"
Education(among hs--grad 54% 530 57% 560� 68% 58%
those age 25+)
bachelor 8°0 10% 1640 10 1 111 11 o
aduatedegree Goo 6% 129'0 5"'0 5"0 741n
Child in household child-under18 32°0 31% 30"0 34% 41% 3440
Work(percent of employed 56% 1 49% 53% 579'" 57"'n 544'n
Commute on Public
pop age 16+) 7". 3°% 2"'0 2% 1°0 39/0
Transit
income 0-25k 36% 37% 20% 28"0 21°0 29%
income 25-50k 31% 32% 29% 29". 24" 2940
Household Income income 50-75k 15% 14°!0 16% 18% 19"0 17%
income 75-200k 16% 15940 30% 23% 33% 2390
income 200k-plus 1%'0 1 2% 5% 1 2% 3% 3%
single family 18% 27% 19% 22% 6% 19%
multi-family 82% 734'o 81% 78% 94% 81%
Housing Stats vacant 184'0 27 i 19°0 22°0 6% 19o'0
occupied 82"0 73"0 81 78"0 94"o 81°0
rented 51°'0 52% 31o'n 29% 34'0 40%
owned 4900 48% 690". 71"o 66"0 60"'0
lbml and Voting Age population data from the 2010 Decennial Census.
Surname-based Voter Registration and Tumour dam from the Califomia Sntexvide Database.
Latino voter regisrntion and mmout dam arc Spanish-surname counts adjusted using Census Population Department undercounr estimates.
NII Wbite and N11 Black registration and mmout counts estimated by NDC.
Cirizen Voring Age Pop.,Age,Immigntionn,and other demographies from the 2011-2015 American Community Survey and Special Tabulation 5-year